Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kemppi v Adani Mining Pty Ltd [2019] FCAFC 94 File number(s): QUD 638 of 2018
Judge(s): RARES, ROBERTSON AND PERRY JJ
Date of judgment: 24 May 2019
Catchwords: APPEAL AND NEW TRIAL – application to amend notice of appeal and fourth further amened statement of claim to raise new issue following recent Full Court decision – where appellants seek to withdraw admission and raise new factual issues – exercise of discretion by appellate court – fairness to the parties – where further evidence required – where circumstances indistinguishable from Coulton v Holcombe (1986) 162 CLR 1
Legislation: Native Title Act 1993 (Cth) s 203BE
Cases cited: Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Coulton v Holcombe (1986) 162 CLR 1 Northern Land Council v Quall [2019] FCAFC 77
Date of hearing: 24 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 9
Counsel for the Appellants: Mr S Keim SC
Solicitor for the Appellants: Just Us Law
Counsel for the First Respondent: Mr T Sullivan QC with Mr E Goodwin
Solicitor for the First Respondent: Herbert Smith Freehills
Counsel for the Second Respondent: Mr J Horton QC with Ms E Longbottom
Solicitor for the Second Respondent: Queensland South Native Title Services Ltd
Counsel for the Third Respondent: Mr G del Villar with Ms F Nagorcka
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